Prenuptial agreement solicitors

A prenuptial agreement (also referred to as an antenuptial, pre-marital or pre-civil agreement) is an agreement reached by a couple before they marry or enter into a civil partnership.

A prenup sets out exactly who owns what out of all the couple’s belongings, assets, property and money. It then lists how these will be divided if the relationship should break down.

Without a prenup, in the event of a divorce, the Court’s starting position will generally be to divide everything equally between both partners. However, the first priority will be to ensure the needs and welfare of any children are met, which can even result in one party being awarded a greater share than half. If one partner has brought more assets into the marriage than the other, they may feel resentful at the idea of an equal split, or simply wish to protect wealth from the risk of divorce.

Although some people may feel a prenuptial agreement is a little cold hearted, it’s actually extremely sensible. Many couples find it awkward to talk about money and finances within their relationship, let alone when they’re breaking up. However, a prenup provides clear instructions, drawn up while both parties are in a reasonable frame of mind rather than in the emotional turmoil of a separation – and can give both partners reassurance that they’re protected for the future.

Prenuptial agreements are particularly useful when one partner has, or has expectations of receiving, considerably more assets than the other. For example:

• You own or partly-own a family farm, business or land
• You’re expecting a significant inheritance
• You already have a successful business and are marrying later in life
• You’ve been married before

Currently in England and Wales, prenuptial agreements are not legally binding. However, parties should enter into them expecting them to be binding and, if done correctly, the Court will take them into consideration when agreeing your divorce settlement.

If you want to make sure your prenuptial agreement is enforceable, you and your partner must both have taken legal advice independent of each other. Your solicitors need to have advised you on the contents of the agreement and how it would affect you both if you decided to divorce.

This is important because if the Court believes one of you did not get the right advice, and that this puts either of you at a disadvantage, it can decide to ignore the prenuptial agreement when reaching a decision.

‘Pre’ means ‘before’, so a prenuptial agreement is one that is set up and signed before your wedding or civil partnership. However, it’s also possible to set up a similar arrangement if you are already married, which is called a postnuptial agreement. This can be agreed at any time during your marriage.

Like a prenuptial agreement, a postnup isn’t legally binding but it would be considered by the Court when making decisions on the division of assets on divorce, as long as it has been willingly signed by both of you, after you’ve each taken independent legal advice. If done correctly, postnups are seen as more binding than prenups because, for example, there are likely to be reduced concerns of duress when you’re already married.

It’s important that you each have sufficient time to consider the terms of the prenuptial agreement and receive legal advice about the effect of those terms. It’s good practice to finalise the agreement well before the wedding (ideally a minimum of 28 days prior to the ceremony), so that neither of you feels undue pressure to agree.

It can take time to deal with financial disclosure, negotiations and legal advice. If either of your finances are complex (for example involving trusts, or international assets) then further time will be needed and specialist advice may be required.

We understand that this can be a difficult conversation to have, but a good approach is to see it as a way of strengthening your marriage, in that you are having open discussions about your finances from the outset.

You may suggest a prenup because of feelings about previous marriages or children from other relationships and a wish to protect assets for reasons that existed before your current relationship started. In other cases, issues arise from wealth planning, such as parents who want to pass wealth down their bloodline without the risk of it being affected by divorce. Or you may want to protect certain assets, like business interests or any personal assets/wealth that you brought into a marriage.

Suggesting a prenup can also help you discuss your financial needs, any plans you have that will affect your finances during marriage (like whether to have children), what assets you want to ringfence and why, and what each of your finances will look like if the worst were to happen and your marriage was to end.

We can assist when the time is right to discuss these matters, but the sooner you take advice, the better.

Ideally, an up-to-date Will would reflect the terms contained in a prenuptial agreement and vice-versa. If someone dies and their prenup contradicts the terms of their Will, it may give rise to other claims, so it’s important for you to check your Will reflects your wishes.

Yes, it can. Circumstances often change over time, particularly where children, business interests or significant changes in wealth are involved. A prenuptial agreement can be reviewed and updated or converted into a post-nuptial agreement. Our solicitors can advise you on when a review is appropriate and how to update arrangements to ensure they remain fair and effective.

Yes, a prenuptial agreement can remain relevant long after it is signed, provided it continues to reflect both your circumstances and intentions. Regular reviews can help ensure it keeps pace with changes in your family life or finances. Our solicitors can help you future-proof your agreement so it remains relevant if relied upon later.

Yes, a well-drafted prenuptial agreement can include provisions that anticipate future events, such as the birth of children or receiving an inheritance. Our solicitors take a forward-looking approach and can help you build flexibility into your prenuptial agreement without losing clarity and fairness.

Yes, independent legal advice for each party is essential if a prenuptial agreement is to carry weight with the court. Our solicitors will ensure that the agreement process is transparent, properly documented and compliant with best practices.

International connections can add complexity, particularly where assets or parties are based overseas. Prenuptial agreements may need to take account of different legal systems. Our solicitors have experience advising on cross-border family matters and can help assess how any agreement may be treated in different jurisdictions.